Idaho telemarketing & SMS rules for insurance agents

Idaho’s Telephone Solicitation Act sets no calling hours, so the federal 8:00 a.m.–9:00 p.m. window applies (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). What Idaho adds: telephone solicitors must register with the Attorney General at least ten days before conducting business in Idaho (Idaho Code § 48-1004(1)(a)), and a telephone solicitation to an Idaho resident’s number that has been on the national do-not-call registry, which may serve as Idaho’s list, for at least three months carries a court-imposed civil penalty of up to $500 for a first violation, $2,500 for a second and $5,000 for each later violation (§ 48-1003A). The exemption for a person whose business is licensed by a federal or Idaho agency (other than the secretary of state) that can revoke the license, § 48-1005(1)(d), removes only the § 48-1004 duties, not the do-not-call, disclosure or unlawful-act provisions.

Idaho regulates telephone solicitation under the Idaho Telephone Solicitation Act (Idaho Code ch. 48-10), enforced through the Idaho Consumer Protection Act (Idaho Code ch. 48-6) (Idaho Code §§ 48-1001 to 48-1010; §§ 48-603A, 48-606, 48-608; IDAPA 04.02.01.160–164), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-15.

What time can I call in Idaho?

The Idaho Telephone Solicitation Act (Idaho Code §§ 48-1001 to 48-1010) contains no calling-hours rule, and neither do the Attorney General’s rules on solicitation by telephone at other than trade premises (IDAPA 04.02.01, Rules 160–164). The federal limit applies: no telephone solicitation to a residential subscriber "before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)" (47 CFR 64.1200(c)(1); see also 16 CFR 310.4(c)).

Are there Sunday or holiday restrictions in Idaho?

The Act contains no Sunday or holiday calling rule. Saturdays, Sundays and legal holidays are excluded only from the "business days" used to count the purchaser’s three-business-day cancellation period (§ 48-1002(1); § 48-1004(2)).

What consent does Idaho require before the first call or text?

The Act contains no general prior-consent requirement for solicitation calls. Its consent rule concerns billing: a telemarketer may not charge an account holder’s account as a result of a "previously obtained account number telemarketing call" unless it first obtains the account holder’s authorization for the specific charge discussed during the call (§ 48-1003B(2)). The authorization may be written or verbal; a verbal authorization must be audio taped with notice that it is being recorded, or the account holder must give the last four digits of the account number where the telemarketer has reasonable procedures to verify them, and authorizations must be kept for two years (§ 48-1003B(3)). Separately, sending an unsolicited advertisement to a telephone facsimile machine is an unlawful act (§ 48-1003(1)(i)).

Does Idaho treat texting differently from calling?

The Act contains no provision that mentions text messages. It defines a telephone solicitation as "Any unsolicited telephone call to a purchaser" to induce a purchase or investment, or a prize or below-regular-price communication followed by a return or follow-up call, where "communication" means a written or oral statement, notification or advertisement "transmitted to the purchaser through any means" (§ 48-1002(11)(a)–(c)).

Does Idaho have its own do-not-call list?

No separate list. Section 48-1003A(1)(b) provides that the national do-not-call registry maintained by the Federal Trade Commission "may serve as the Idaho 'no telephone solicitation contact' list," and the Attorney General states that "Idaho does not maintain its own do not call list." Under § 48-1003A(2), it is a violation to make a telephone solicitation to a number assigned to an Idaho resident on that list when the number has been on the list for at least three months. The section does not apply to a subscriber’s commercial or business number, where an established business relationship exists and the subscriber has not said he does not wish to receive solicitations from that business, or to a minor selling for a charitable purpose or organization (§ 48-1003A(4)). An established business relationship must have been formed by a voluntary two-way communication, not have been terminated by either party, and currently exist or have existed within the immediately preceding eighteen months (§ 48-1002(3)).

Do I need to register to solicit in Idaho?

Yes, unless an exemption applies. Telephone solicitors must "Register with the attorney general at least ten (10) days prior to conducting business in Idaho"; registrations are valid for one year and may be renewed annually, and changed information must be reported within two weeks (§ 48-1004(1)(a)). "Conducting business" means making telephone solicitations either to or from locations within Idaho (§ 48-1002(2)). The Attorney General may require a registration fee of $50 or a renewal fee of $25 (§ 48-1006(3)(b)). A registrant must also file an irrevocable consent appointing the Attorney General as agent for service of process, give its registration number to any purchaser who asks, and orally tell the purchaser of the right to cancel and its registration number when a purchase is completed (§ 48-1004(1)(b)–(d)). The Act contains no bond requirement. Section 48-1005(1) exempts listed telephone solicitors from § 48-1004, and the person claiming an exemption bears the burden of proving it (§ 48-1005(2)).

Are licensed insurance agents exempt in Idaho?

Registration only, and the statute does not name insurance. Section 48-1005(1)(d) exempts from § 48-1004 "A person whose business is licensed by any federal or state of Idaho governmental agency, except the secretary of state office, which has the power to revoke any license issued by the agency." Section 48-1005(1) exempts only from § 48-1004 — registration, service-of-process consent, disclosure of the registration number and cancellation notices. It does not lift the do-not-call rule and penalties (§ 48-1003A), the unlawful acts in § 48-1003 (including caller-identification blocking and the § 48-603A disclosures), the account-charge authorization rule (§ 48-1003B), or the recorded-message disclosures (§ 48-1003C). Other § 48-1005(1) exemptions from registration cover a call to a purchaser who has previously purchased from the person or the business it calls for (§ 48-1005(1)(b)) and a call that only arranges a later face-to-face sales presentation, without intent to obtain provisional acceptance of a purchase during the call (§ 48-1005(1)(c)).

What are the penalties in Idaho?

Any violation of the Act is an unlawful, unfair and deceptive act or practice for purposes of the Idaho Consumer Protection Act (§ 48-1003(2)), and the Attorney General and district courts have the same enforcement authority under the Act as under that law (§ 48-1006(1)). In an Attorney General action, the Attorney General may recover civil penalties of up to $5,000 per violation (§ 48-606(1)(e)). Do-not-call violations under § 48-1003A carry a district-court civil penalty of not more than $500 for a first violation, $2,500 for a second and $5,000 per violation for the third and later violations (§ 48-1003A(3)). A person who purchases goods or services pursuant to a telephone solicitation and suffers damages from an unlawful act has the rights and remedies of the Consumer Protection Act (§ 48-1007(1)); under that Act a buyer who suffers an ascertainable loss may recover actual damages or $1,000, whichever is greater (a class is limited to actual damages or a total of $1,000), the court may award punitive damages and equitable relief in cases of repeated or flagrant violations, and a prevailing plaintiff is awarded reasonable attorney’s fees (§ 48-608(1), (5)). If a telephone solicitor violates any applicable provision of the Act, any contract of sale or purchase is null and void and unenforceable (§ 48-1007(2)). A private action must be brought within two years after the cause of action accrues (§ 48-1010(1)).

Controlling statute

Idaho Telephone Solicitation Act (Idaho Code ch. 48-10), enforced through the Idaho Consumer Protection Act (Idaho Code ch. 48-6) — Idaho Code §§ 48-1001 to 48-1010; §§ 48-603A, 48-606, 48-608; IDAPA 04.02.01.160–164

Other things that change the answer

When soliciting a sale by telephone, the caller must, at the initial contact and before any other statement except a greeting, reveal that the purpose is to effect a sale by stating the caller’s identity, the trade name of the person represented, and the kind of goods or services offered (§ 48-603A(1)). A telephone solicitor may not block or mislead the recipient as to the solicitor’s identity or trade name on a caller identification device (§ 48-1003(1)(f)), or refuse to hang up immediately once the purchaser asks (§ 48-1003(1)(b)). A message sent with an automatic dialing-announcing device must disclose, at the outset, the name of the person for whom it is made, its purpose and the caller’s contact information (§ 48-1003C(1)). Unless the purchaser has an unqualified right to return the goods or cancel the services for a full refund, the solicitor must send a written confirmation containing a notice that the purchaser may cancel within three business days (§ 48-1004(2)). Section 48-1003A was last amended in 2013 (2013, ch. 130).

Sources

• Idaho Code ch. 48-10 — Telephone Solicitation Act (chapter index)primary source
• Idaho Code § 48-1002 — Definitionsprimary source
• Idaho Code § 48-1003 — Unlawful actsprimary source
• Idaho Code § 48-1003A — No telephone solicitation contact listprimary source
• Idaho Code § 48-1003B — Consent required for charges to previously obtained accountsprimary source
• Idaho Code § 48-1003C — Automatic dialing-announcing deviceprimary source
• Idaho Code § 48-1004 — Telephone solicitor duties (registration)primary source
• Idaho Code § 48-1005 — Exemptionsprimary source
• Idaho Code § 48-1006 — Authority of the attorney general (fees)primary source
• Idaho Code § 48-1007 — Private causes of action and remediesprimary source
• Idaho Code § 48-1010 — Limitation of actionprimary source
• Idaho Code § 48-603A — Unfair solicitation practicesprimary source
• Idaho Code § 48-606 — Proceedings by attorney generalprimary source
• Idaho Code § 48-608 — Loss from purchase or lease — Actual and punitive damagesprimary source
• IDAPA 04.02.01 — Idaho Rules of Consumer Protection (Rules 160–164)primary source
• Idaho Attorney General — Do Not Call Registryprimary source
• Idaho Attorney General — Telephone Solicitor Informationprimary source
• 47 CFR 64.1200 — Delivery restrictions (eCFR)primary source
• 16 CFR 310.4 — Abusive telemarketing acts or practices (eCFR)primary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.